从物权法角度看婚姻法司法解释(三)的夫妻财产制度

The third judicial ruling of marriage law from the perspective of property law

为了解决我国公民日趋复杂化的婚姻财产纠纷,婚姻法司法解释(三)重新审视和重构当下夫妻财产制,从物权平等保护规则和所有权规则对我国婚姻法司法解释(三)的夫妻财产制进行探讨,指出司法解释(三)的夫妻财产制在农村离婚妇女的财产权益的保护和夫妻代表权限制方面存在立法不足,在此基础上建议要构筑明确的夫妻代表权限制制度和对宅基地制度进行改革引入法定租赁权,进而全面保护夫妻双方的合法利益。

As our citizens＇ matrimonial property disputes are becoming more and more complicated, the third judicial ruling of marriage law aims to review and reconstruct the current matrimonial property re- gime system. Matrimonial property regime in the third judicial ruling of marriage law is discussed from the principles of equal protection and proprietorship. The legislation defects are also pointed out con- ceming protection of the property rights of rural divorced women and restrictions of representation of husband and wife. Accordingly, it is advised to build a clear system of representation of husband and wife and to reform properly the rural homestead system by introducing legal leasehold. As the result, the interests of husband and wife can be nut under full protection.